Peel-Davis v. Martin

California Court of Appeal Jul 5, 1940 No. Civ. No. 12613Published

Before: Wood

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Holding. The court affirmed the trial court's distribution of the estate, holding that the testator's will incorporated his wife's will to dispose of specific property, while leaving the remainder of his estate to pass via intestate succession.

Issues

Whether the trial court correctly interpreted the testator's will as incorporating the wife's will to dispose of specific property.
Whether the trial court's findings regarding the distribution of the estate were supported by the evidence.
Whether the prior appellate decision regarding the incorporation of the wife's will was final and binding.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The will of Patrick Martin merely appoints executors and directs that the terms of the will of May Martin be carried out.”

“We are satisfied that the court did not err in determining to whom distribution should be made.”

“On the former appeal it was directly decided that Patrick Martin did in fact incorporate in his will the will of May Martin which has been set forth above.”

WOOD, Acting P. J. Patrick S. Martin died on January 29, 1938, leaving the following will, which was admitted to probate:

“11776 Chenault Str Brentwood Hts L A November 9th 35

“In case of my death I want my Brother in Law George C. McMullan & Sister in Law his wife Edith McMullan to be executors of the Estate I leave. Real & personal & to carry out the terms of the will left by my wife May Martin

‘ ‘ Signed

“Patrick S. Martin”

At the time of presenting Patrick Martin’s will the executors named therein presented two unprobated wills of May Martin, who died on November 11, 1935, both made on July 19, 1935, one being marked exhibit 1 and the other exhibit 2. After a hearing on the petition for probate the trial court found that the will marked exhibit 2 was made later than the will marked exhibit 1 and should be received and incorporated into the will of Patrick S. Martin as a part thereof. That will is as follows:

“19th July, 1935

“11776 Chenault St Brentwood Hgts Los Angeles Cal.

“My Will & Testament

“I bequeath money in bank $1150.51 to my sister Mrs. George Peele Davis at once. All property in my own name [23]& property in partnership with P. S. Martin to be sold & proceeds to be given to sister Mrs. Geo Peel Davis & $500 dollars each to my brother Robert Pollock’s two daughters Edith and Peggy. The Revenue from these properties to go to P. S. Martin during his lifetime. If he marries again all my property & my half in partnership with him to be sold at once & given to above mentioned heirs. I have worked to keep him and myself ever since I met him and even in death will be doing the same. My Sister Mrs. George McMullen and her Husband I appoint executors of my estate and I hope will have no trouble with P. S. Martin. He entered this Country with me as a Canadian without one dollar of his own. He has since become an American citizen & has not given me one dollar or contributed to my support, so there is no such thing as Community property with us. But I think he will be satisfied as long as he is provided for as long as he lives. In case my sister should die (Mrs. G.' P. Davis) her share before P. S. Martin my estate to be divided equally among her four children.

Peel-Davis v. Martin

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